Balancing Free Speech and Fair Trial Rights and Responsibilities
Program is Ready for Immediate Courtroom and Classroom Use
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District of Minnesota |
The theme of the 2008-2009 Open Doors to Federal Courts program is Federal Courts: Guardians of the Constitution. In this Oxford style debate, students experience what it is like for judges to balance the First Amendment and the Sixth Amendment in a murder trial.
Free speech and fair trial issues come to the Supreme Court in many ways. The 2006 case of Carey v. Musladin asks participants to separate emotions from reason when they decide the following question: If the friends and family of a murder victim sit in the trial of the defendant wearing buttons printed with a picture of the deceased, does that prejudice jurors and deprive the defendant of his Sixth Amendment right to an impartial jury?

The program, which has been tested with students and teachers from across the nation, stimulates lively courtroom interactions and enthusiastic evaluations. The event is ready for immediate courtroom use. Talking points are provided for the student attorneys to study in advance and take to the podium when they argue in the courtroom. A unique feature of the agenda is that it gives all students the opportunity to voice their opinions during a 30-minute open floor segment.
The materials, including a program agenda, are at http://www.uscourts.gov/outreach/topics/carey/index.html
At the link, you will find the following:
Background about the case for all students. http://www.uscourts.gov/outreach/topics/carey/facts.html
Specific, suggested talking points are provided for the student lawyers and all students get to participate. http://www.uscourts.gov/outreach/topics/carey/talkingpoints.html
Interested teachers may contact National Outreach Manager Rebecca Fanning to find out if a nearby courthouse is participating in the national initiative.
The ultimate objective of Open Doors to Federal Courts is to increase willing participation in jury service by exposing young people to the human face of the justice system, breaking down barriers, and providing a positive introduction to the courts.
Open Doors to Federal Courts centers on the full participation of judges, lawyers, students, and teachers. The topics include intellectual property issues surrounding downloading music and movies; a search at a teen house party; and texting while driving.
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